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2026 DAILYLAW 52270 (MAD)

Siva Sankari v. State Rep. by Inspector of Police

CRL OP/11937/2026 · 2026-07-15

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 11937 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 11937 of 2026 Siva Sankari C D/o.Ilayaperumal, No.4B, Balaji Nagar, 1st Street, Korattur, Chennai- 600 079. ..Petitioner(s) Vs State Rep. by Inspector of Police Central Crime Branch, Land Dispute Team -V, CCB-Avadi, Avadi City, Chennai - 600 054. (Crime No. 36/2026) ..Respondent(s) Criminal Original Petition filed under Section 482 of BNSS, praying to enlarge the petitioner on bail in the event of her arrest by the respondent police in connection with Crime No. 36/2026 on the file of the respondent police and thus render justice. For Petitioner(s): M/S. C.Raghavan For Respondent(s): Mr.N.Palanivel, Govt.Advocate (Crl.Side) M/S. P.Divakar For Intervenor https://www.mhc.tn.gov.in/judis CRL OP No. 11937 of 2026 __________ Page2 of 6 ORDER The petitioner, who apprehends arrest for the alleged offence under Section 318 (4) of BNS, 2023 @ 316(2), 318(4), 336(2), 336(3) and 61(2) of BNS in Crime No.36 of 2026 on the file of the respondent police seeks anticipatory bail. 2. The case of the prosecution is that the petitioner along with other accused have cheated the de facto complainant to the tune of Rs.4.00 crores. Hence, a case has been registered. 3. The learned counsel for the petitioner submitted that the allegation of cheating is in respect of borrowal of loan on the basis of the marriage hall owned by the de facto complainant. He would further submit that the petitioner is innocent and she has not committed any offence as alleged by the de facto complainant and she has been falsely implicated in this case. He further submitted that she is ready to abide by any conditions that may be imposed by this Court and ready to co-operate with the investigation. Hence, he prayed to grant anticipatory bail to the petitioner. https://www.mhc.tn.gov.in/judis CRL OP No. 11937 of 2026 __________ Page3 of 6 4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that the petitioner is a Director of the Company, unless the petitioner is secured, it is too difficult to find the money. Hence, he opposed to grant anticipatory bail to the petitioner. 5.The learned counsel for the intervener would strongly oppose to grant anticipatory bail to the petitioner by stating that the amount cheated by the accused is Rs.48.00 lakhs. 6.At this juncture, the learned counsel for the petitioner would submit that the main accused A1 & A2 were arrested and released on bail. He would further submit that in order to demonstrate her bona fides, the petitioner has volunteered to deposit a sum of Rs.5.00 lakhs [Rupees Five lakhs only] before the Court below to the credit of crime No.36 of 2026 without prejudice to her defence. 7.Considering the above facts and circumstances of the case and upon the fact that the petitioner is a woman and that co accused have already been released on bail, this Court is of the firm view that at this length of time, custodial interrogation of the petitioner is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. https://www.mhc.tn.gov.in/judis CRL OP No. 11937 of 2026 __________ Page4 of 6 8. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate-II, Ponneri, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a) The petitioner shall deposit a sum of Rs.5,00,000/- (Rupees Five Lakhs Only) to the credit of Crime No.36 of 2026 on the file of the learned Judicial Magistrate No.II, Ponneri, within a period of four (4) weeks from the date of receipt of a copy of this order. (b) On such deposit being made, the Trial Court shall redeposit the said amount in a Fixed Deposit Account, in any one of the Nationalized Banks, renewable thereafter periodically. The disbursal of this amount shall be decided at the culmination of the Criminal Case. (c) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (d) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form https://www.mhc.tn.gov.in/judis CRL OP No. 11937 of 2026 __________ Page5 of 6 No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity; (e) The petitioner shall report before the respondent Police daily at 10.30.A.M for a period of two weeks and thereafter, as and when required for interrogation; (f) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560]; (g) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 7.This Criminal Original Petition is ordered accordingly. 15-07-2026 KMI To 1.The Judicial Magistrate-II, Ponneri 2.The Inspector of Police, Central Crime Branch, Land Dispute Team-V, CCB-Avadi, Avadi City, Chennai-600 054. 3.The Public Prosecutor, Madras High Court. https://www.mhc.tn.gov.in/judis CRL OP No. 11937 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. KMI CRL OP No. 11937 of 2026 15-07-2026 https://www.mhc.tn.gov.in/judis